SANJEEV PRAKASH SHARMA,J. - (1.) The award dated 06.04.2017 is under challenged before this Court whereby under Section 33(C)(2). The wife of the deceased workman has been declared entitled to receive the amount of salary for the period during which the deceased workman would be deemed to be in service, which is in consequence of the rejection of the application seeking approval under Section 33(2) (b) by the Labour Court. The rejection of the order of removal dated 28.07.1998 was passed by the Tribunal on 23.12.2005. The workman had expired on 13.01.2004. The Labour Court by the impugned award has, therefore, assessed the benefits to which the deceased workman was entitled upto 13.01.2004.
(2.) Counsel for the petitioner submits that the said award dated 06.04.2017 proceeds to adjudicate the claim which cannot be made under Section 33(C)(2) and hence is illegal and unjustified as the workman had expired before the order of disapproval.
(3.) The submissions of the counsel for the petitioners is noted to be rejected, keeping in view of an adjudication already made by the Industrial Tribunal while rejecting the approval application submitted by the petitioner under Section 33(2)(b) on 23.12.2005.;